Road transport and inland waterways — border controls

 

SUMMARY OF:

Regulation (EEC) No 3912/92 on controls carried out within the EU in the field of road and inland waterway transport in respect of means of transport registered or put into circulation in a non-EU country

Regulation (EC) No 1100/2008 on eliminating controls performed at the EU countries’ frontiers in the field of road and inland waterway transport

WHAT IS THE AIM OF THE REGULATIONS?

The regulations abolish controls performed by EU countries of compliance with rules in the fields of road and inland waterway transport at the internal borders of the EU. To ensure the free movement within the EU of the vehicles and vessels concerned, these controls are no longer to be performed as border controls but solely as part of the normal control procedures applied in a non-discriminatory fashion throughout the territory of the EU countries.

KEY POINTS

• Regulation (EEC) No 3912/92 refers to controls related to road and inland waterway transport operations that are carried out by means of transport registered or put into circulation in a country that is not an EU country. These controls are no longer to be performed at the internal borders between EU countries but solely as part of the normal control procedures applied in a non-discriminatory fashion throughout the territory of these countries. They may, however, still be carried out at the external borders (with a non-EU country).
• Regulation (EC) No 1100/2008 refers to controls related to road and inland waterway transport operations that are carried out by means of transport registered or put into circulation in an EU country. These controls are no longer to be performed at the internal borders between the EU countries but solely as part of the normal control procedures applied in a non-discriminatory fashion throughout the territory of these countries.
• The controls covered by the two regulations are those pursuant to EU or national law referred to in Annex I to Regulation (EC) No 1100/2008 and, in the case of Regulation (EEC) No 3912/92, those pursuant to international agreements between one or more EU countries and one or more non-EU countries as well.

United Kingdom withdrawal from the EU

Since the withdrawal of the United Kingdom from the EU on 31 January 2020, the border between the United Kingdom and the EU countries is no longer an internal border. However, during the transition period, while EU laws have still applied to and within the United Kingdom, this border was treated like an internal border. From the beginning of 2021, both the abovementioned regulations no longer apply to that border. The control of UK vehicles and vessels will henceforth be subject to Regulation (EEC) No 3912/92 and will no longer be subject to Regulation (EC) No 1100/2008.

FROM WHEN DO THE REGULATIONS APPLY?

• Regulation (EEC) No 3912/92 has applied since 1 January 1993.
• Regulation (EC) No 1100/2008 has applied since 4 December 2008. It codified and replaced Regulation (EEC) No 4060/89 and its subsequent amendments. which applied from 1 July 1990).

BACKGROUND

See also:

• Inland waterways (European Commission)
• Road (European Commission).

MAIN DOCUMENTS

Council Regulation (EEC) No 3912/92 of 17 December 1992 on controls carried out within the Community in the field of road and inland waterway transport in respect of means of transport registered or put into circulation in a third country (OJ L 395, 31.12.1992, pp. 6-7)

Regulation (EC) No 1100/2008 of the European Parliament and of the Council of 22 October 2008 on the elimination of controls performed at the frontiers of Member States in the field of road and inland waterway transport (Codified version) (OJ L 304, 14.11.2008, pp. 63-69)

last update 27.11.2020